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COM. v. GIBBS

533 Pa. 539 (1993)

626 A.2d 133

COMMONWEALTH of Pennsylvania, Appellee, v. Barry GIBBS, Appellant.

Supreme Court of Pennsylvania.

Decided June 1, 1993.

Reargument Denied July 20, 1993.

Attorney(s) appearing for the Case

D. Benjamin Van Steenburgh, III, Public Defender, Thomas Earl Mincer, Michael P. Gough, Asst. Public Defender, for Gibbs.

Ernest D. Preate, Jr., Atty. Gen., Andrea F. McKenna, Deputy Atty. Gen., Robert A. Graci, for Com.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal from an order of the Superior Court affirming the denial by the Court of Common Pleas of Pike County of a petition of appellant, Barry Gibbs, to preclude the Commonwealth from seeking the death penalty at his second trial based on certain statutory aggravating circumstances listed in 42 Pa.C.S. § 9711(d), 403 Pa.Super. 27, 588 A.2d 13...

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